Yusuf Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34569 of 2018 Arising Out of PS.Case No. -223 Year- 2013 Thana -KATORIA District- BANKA ======================================================

1. Yusuf Mian, S/o Late Habib Mian, Resident of Village- Laharniya, Police Station- Katoria, District- Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 28-06-2018 Heard learned Counsel for the petitioner and the State as also the learned Counsel appearing on behalf of the informant. Petitioner, already in custody seeks bail in Katoria PS Case No. 223 of 2013 registered under Sections 302 and 120B/34 of the IPC.

The allegation in brief is that the petitioner also wanted to purchase the same land which had been purchased by the informant side and it is alleged that on the date of occurrence the informant, his nephew and the deceased brother were intercepted in the way and Sabbir Mian and Iliyas Mian shot at the informant's brother causing his death, it is alleged that the petitioner was also present there. Learned Counsel for the petitioner submits that the petitioner has been implicated due to enmity, there is no allegation that the petitioner made any assault or firing at the deceased and it is specific against two accused persons, the police after investigation did not find involvement of the petitioner and did not sent up him for trial, however cognizance has been taken by the court, other similarly situated two co-accused Kamruddin Ansari and Madaran Mian have been admitted to bail by a coordinate Bench of this Court and this

Patna High Court Cr.Misc. No.34569 of 2018 (2) dt.28-06-2018 petitioner has no criminal antecedent.

Having considered the said facts and circumstances, the petitioner, namely, Yusuf Mian is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM Banka in connection with Katoria PS Case No. 223 of 2013. (Arun Kumar, J) Snkumar/- U T